Posted on 11/09/2021 4:36:22 AM PST by Candor7
KENOSHA, Wisc. — It was a bad day for key prosecution witness Gaige Grosskreutz, the third person shot by Kyle Rittenhouse during the Kenosha riots last year, during cross-examination by the defense on Monday as they got him to admit he lied several times about what happened in the aftermath of the shootings.
Grosskreutz testified he was carrying a Glock 27 handgun the night of the shootings despite the fact his concealed carry license was expired. Grosskreutz added he saw Rittenhouse running away after hearing gunshots. Grosskreutz said when he found Rittenhouse running away and asked him if he shot someone, Rittenhouse told Grosskreutz he was going to the police. Grosskreutz said he grabbed his handgun because he thought Rittenhouse was an active shooter.
Grosskreutz claimed Rittenhouse racked the bolt back on the AR-15 while he had his hands in the air.
"I was never trying to kill the defendant," Grosskreutz said.
Upon cross-examination, defense lawyer Corey Chirafisi got Grosskreutz to admit he lied to police on several occasions:
Grosskreutz told officers shortly after the shooting that "I dropped my firearm." The defense said that was a lie because Grosskreutz chased after Rittenhouse and he had just testified he pulled out his gun while running. The defense got Grosskreutz to admit in court in the lawsuit he has filed against the city of Kenosha, he is demanding $10 million for damages, he failed to mention he was armed when he was shot by Rittenhouse. Grosskreutz said it is not true to say he chased after Rittenhouse. Chirafisi then showed Grosskreutz a picture of him grabbing his handgun while running toward Rittenhouse. Even after being shown the photo, Grosskreutz still said he was not chasing Rittenhouse. Grosskreutz initially told police he shouted to Anthony Huber to stop hitting Rittenhouse with a skateboard. When pressed by Chirafisi, Grosskreutz said "with the benefit of hindsight" that is not true.
If that was not enough, Grosskreutz then agreed with Chirafisi that Rittenhouse did not shoot until after Grosskreutz put his hands down and advanced toward Rittenhouse while pointing his Glock at Rittenhouse.
So, there is a timing element here. Not one issue, but two or three.
Before charging, prosecutor has to have probable cause. He may ignore affirmative defense.
During trial, there are Brady and Giglio obligations to provide to defense, all excuplatory evidence that prosecutor has. As you correctly surmise, what constitutes “exculpatory” is not clear cut, and prosecutors tend to hide the ball. Failure to disclose this material results in risk to a guilty verdict. Failure to produce is not per se an ethcal violation - there is low risk to prosecutor to play tough, stupid, whatever. All the rules that make it a felony for prosecutor to withhold are paper tigers. https://www.law.cornell.edu/wex/brady_rule https://iron-set.com/us/helpful-tips/what-is-a-giglio-violation
After guilty verdict, like say “years later,” new evidence comes in. This is the ongoing duty. The evidence was literally not known before or at the trial. The proptotype for this, these days, is new DNA evidence.
As for affirmative defense, THAT burden is 100% on defendant. Use it or lose it. It is not the prosecutors job to defend the accused. On paper, the job is to “do justice,” but in fact it is to secure convictions by hook or by crook.
If all the parties agree certain evidence is obviously false, that evidence is a non-issue. My personal point of view is that defendants and prosecutors are just a likely to lie - neither side is clean. Juror in a few criminal trials, and liars all over the place, more often defendant.
Thanks.
Thanks RACPE.
No, this is video shot from a privately-owned hobby drone, such as a DJI Phantom.
It was flying just north of the corner where Rosenbaum was shot.
The pilot had just taken off and was climbing to just above lamp post height and aimed toward the crowd in the gas station.
It captured the moment Rittenhouse shot Rosenbaum from above and behind Rittenhouse's right shoulder.
It was shown several times this morning, including zoomed and enhanced versions. (Exhibits 82-86)
I’m sure Andrew Branca will have those featured on his daily summary on this trial at Legal Insurrection.
https://legalinsurrection.com/author/law-of-self-defense/
Prosecur=tors have a duty to reveal all of the evidence they have about the defendent, including exculpatory evidence. No ands, ifs ,or buts.
If a police officer witholds exculpatory evidence, it is a felony.
Thats the way the system should work. A prosecutor who willingly witholds, obfuscates, secrets, or destroys exculpatiry evidence is subject to disbarrment.As an officer of the court, he is bound by that duty. Its just as onerous as fabricating evidence.
Thanks for that link!!! I watched a few hours of testimony from yesterday (day 5) with Grossireutz, the bald bearded “journalist”, the detective and they all seem to be in on it like this was staged. The defense attorney made the detective look biased as the footage clearly show Kyle was attacked yet this motion was making excuses. The 2 cops involved with the investigation never got Grossireutz phone or the skateboard dude Huber’s skateboard or another Antifa guy’s gun (guy claimed it was stolen). They chargers Kyle without completing the investigation which the defense attorney made him admit that was very uncommon in practice for that to even ever happen. Sham trial.
Yes i agree. He seemed to skillfully lie without remorse or with a guilty conscience. His ability to defy law and order makes me think he is working in partnership with the FIB. The idea he is suing for$10 million (claiming he is the victim) shows this guy is delusional
Grosskreutz appears to be a habitual liar and someone who can do so with ease and confidence. But when the video and his own own words and omissions revealed the truth, he remained somewhat calm and even arrogant, while the look on the prosecutions face was, “Oh sh*t”.
He isn’t getting his ten million dollars. He can kiss that goodbye.☺ What a hoot. He got smoked!
Agree .......
I have a BIG family...
I think that 10 million case has just become a distant fantasy in the poor shulb’s world.
Praise the Lord.
It’s nice to see a little snippet of justice in today’s BrandonWorld, isn’t it.
Good point.
However, I don’t expect anything to change in Seattle/Portland/SF. They will continue to elect democrats, who continue to scapegoat/ignore/excuse their problems. They continue to ‘defund police’, which is city suicide.
This entire mindset/belief didn’t happen overnight or within Trump era, its been going on for decades.
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